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Lawrence William (Service)     06 November 2009

Dues recoverable

Dear Experts,

I had been working with a Public ltd compay for 5 & half years, according to co's  appoinment letter one can leave job on notice pay (ie Rs 12000/= Basic salary of one month) or one month notice period.My friend left the company by sending an email to the concerned person. The company did not revert positive or negative on the same.How can he get his dues like balance salary for 21 days, leave enchashments, diwali bonus, PF & gratuity  for 5 and half years etc). Are there any specialprovisions in labour laws to acquire the dues legally? As a matter of fact the company has fired several employees (till date) with one day notice or by email and never paid their notice salary to the fired employee.



Learning

 5 Replies

Meenakshi (Lawyer)     06 November 2009

 you can file a civil suit for recovery...Send them a legal notice...

Meenakshi (Lawyer)     06 November 2009

 Make a representation to the highest official of your company first then proceed with the civil suit for recovery of dues...

1 Like

ranjan (software engineer)     08 November 2009

if ur company has fired without giving salary and notice then difinitely u have got remedy under labour laws. First u people have to find out whether ur nature of work with the company comes under the definition of workmen under labour laws. If u or any of ur collegues come under the definition of workman then definitely u will get very effective remedy under indutrial dispute act both for getting back ur dues as well as to get back ur job if the employee interested.

KUMAR JAGADEESAN (COMPANY SECRETARY & COMPLIANCE OFFICER)     10 November 2009

As stated by Ranjan the labour court option is available for workmen under the Industrial Disputes Act which defines a workman. In other case the only option is to file a civil suit for recovery of the dues on the strength of the terms of appointment and the company's Standing Orders if any.

First give a legal notice through an advocate as the companies normally respond to a lawyer's notice quickly than a letter from the ex employee threating legal action. If nothing comes out of it move the appropriate court.

J.KUMAR

Hyderabad

A.R.KUPPUSAMI (ADVOCATE)     10 December 2009

First send a legal notice to the employer,if there is no response till the stipulated time limit file case in Industrial Dispute Act u/s.2(A) 2.Labour Court will summon the employer


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